Detriment




To succeed in a claim for direct discrimination, a claimant must show not just less favourable treatment but also that they have suffered a “detriment” (section 39(2)(d), EA 10). “Detriment” is a very wide concept. A feeling of distress, upset, unfairness or injustice as a result of having been the target of discrimination can be a detriment. There is no need to show an economic or physical loss resulting from the employer’s behaviour. There will be very few cases involving less favourable treatment in breach of the EA 10 that do not also result in a detriment.